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rajalakshmibhatt (Rt. Engineer)     19 April 2012

Divorce

My Nephu is married to cousin  ( childern of brother and sister) in 2008 with consent of both the parties.

Both of them are educated.  Girl was not having job when she got married. After some time she got a job in college as a teacher.

There was some small small differences and arguments between them wlike it happens in any family. This was not on serious subjects.

Parents and elders of both sides discussed with both of them and asked them to setlle by them selves and not to make issue of small things big.

One day the girl left home with all her belongings and started staying in a PG accomodation. (may be some 6 months  back)

She is not intersted to come back.  But the boy is still interested in her. She has said firmy that she will not come back.  and  has said will not give divorce at any cost.

Please let us know how to go about this leagally and get releved from this girl

Thanks

RBhatt



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 April 2012

Dear Querist,

 

1. Divorce is not her prerogative, if we succeed in making out a case of cruelty/desertion - divorce can be had. 

2. Be prepared for false 498A/406 counter cases, it's good if you start early in protection proceedings.

 

Feel free to talk~

Adv. Chandrasekhar (Advocate)     19 April 2012

your approach towards the issues is not correct.  Which appears to you not a serious matter may be serious to her.

If the grounds for divroce can be carved out by the boy, he can go for contested divorce case.  Desertion is not a ground, as she is living away from him only for the last six months. Minimum requirement is 2 years. 

Anjuru Chandra Sekhar (Advocate )     20 April 2012

File RCR.


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